Upper Tribunal (Immigration and asylum chamber), 2021-04-20, JR/00626/2020
| Jurisdiction | UK Non-devolved |
| Date | 20 April 2021 |
| Published date | 20 April 2021 |
| Hearing Date | 18 March 2021 |
| Status | Unreported |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Appeal Number | JR/00626/2020 |
Claim No:
IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
BETWEEN:-
R (on the application of) Ahmed LAWAL
Applicant
-and-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
ORDER
BEFORE Mr Justice Lane, President of the Upper Tribunal (Immigration and Asylum Chamber), and Upper Tribunal Canavan sitting at Field House, London on 3 and 4 March 2021
UPON HEARING from leading counsel, Ms Sonali Naik QC, and junior counsel, Mr Raza Halim and Mr Stephen Clark, for the Applicant and Mr Colin Thomann, for the Respondent by Skype for Business
UPON consideration of the further written submissions filed on 11 and 18 March 2021
IT IS ORDERED THAT:-
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The claim for judicial review is allowed.
IT IS DECLARED THAT:-
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The Respondent acted unlawfully in her decision to remove the Applicant on 17 September 2019 in that she had failed to take to take reasonable steps to secure the applicant’s evidence concerning the death of Oscar Okwurime contrary to her Article 2 procedural obligations.
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The Respondent’s policy, namely DSO 08/2014 Death in immigration detention as issued in August 2020, is unlawful in that it gives rise to a real risk of an Article 2 procedural breach because it does not direct relevant personnel actively to identify, and to take steps to secure the evidence of, those detainees whom there is reason to believe may have relevant information concerning the death of the person concerned.
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The Respondent’s absence of a policy directed to caseworkers on how to exercise immigration powers in a case concerning a witness to a death in custody is unlawful due to a breach of her Article 2 procedural obligations in respect of deaths in immigration detention.
AND IT IS FURTHER ORDERED THAT:-
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The Respondent shall pay the Applicant’s costs incurred in and incidental to the claim, to be assessed on the standard basis if not agreed, save for those costs incurred from 22 January 2021 to 25 February 2021 inclusive which the Respondent shall pay on the indemnity basis.
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There shall be no order as to the cost of the applications for disclosure of the Interim Report of the Prison and Probation Ombudsman.
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Any application for a payment on account of costs shall be made within fourteen days of this order, supported by the appropriate schedules of costs, and any response to such an application shall be filed within fourteen days of the receipt of the application. If no application is made to the panel within that time, any contested application must be made to the costs judge.
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There shall be a detailed assessment of the appellant’s legal aid costs.
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Any application for permission to appeal if, so advised, shall be made to the Upper Tribunal within 21 days.
Dated this 14 day of April 2021
Mr Justice Lane
Upper Tribunal
(Immigration and Asylum Chamber) Case Number: JR/626/2020 (V)
THE IMMIGRATION ACTS
|
Heard at Field House by Skype |
Decision & Reasons Promulgated |
|
On 3 and 4 March 2021 Further evidence and submissions received on 11 and 18 March 2021 |
20 April 2021 |
Before
THE HON. MR JUSTICE LANE, PRESIDENT
UPPER TRIBUNAL JUDGE CANAVAN
Between
THE QUEEN ON THE APPLICATION OF
AHMED LAWAL
(ANONYMITY DIRECTION NOT MADE)
Applicant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the applicant: Ms S Naik QC, Mr R Halim and Mr S Clark, instructed by Duncan Lewis Solicitors
For the respondent: Mr C Thomann, instructed by the Government Legal Department
JUDGMENT1
A. THE DEATH OF OSCAR OKURIME
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At 11.12 am on 12 September 2019, Mr Oscar Lucky Okwurime, a Nigerian national, was found dead in his room at Gauze House, which is part of the Harmondsworth premises of the Heathrow Immigration Removal Centres. He was 36 years old. Mr Okwurime (hereafter “OO”) was being detained by the respondent, in order to effect OO’s removal to Nigeria. The claimant, also a national of Nigeria, was at that time also in detention at Gauze House.
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An inquest into the death of OO was formally opened by the coroner for West London on 8 October 2019. An inquest hearing, before a jury and Mrs Lydia Brown, Coroner, was held on 13 November 2020. The record of the inquest states that OO died of a spontaneous subarachnoid haemorrhage at approximately 2300 hours on 11 September 2019, having last been seen alive at 2100 hours on 11 September. The jury’s conclusion as to the death of OO was as follows:-
“We find the death to be considered unnatural. Mr Oscar Lucky Okwurime died of a spontaneous subarachnoid haemorrhage which can rupture due to hypertension. His blood pressure reading on 22 August 2019 demonstrated Grade II hypertension. This reading was not repeated due to multiple failures to adhere to healthcare policy. Given the multiple opportunities to repeat this basic medical test on a vulnerable person, neglect contributed to the death.”
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At the inquest, the jury heard evidence from Dr Alan Bates, a pathologist. Dr Bates told the jury that his post-mortem examination of OO disclosed that OO had coronary artery disease, in the form of atheroma (hardening of the arteries). Dr Bates said it was common in his experience for people to die very rapidly of subarachnoid haemorrhage. It was therefore entirely consistent with the cause of death that OO collapsed, was unconscious and died fairly rapidly.
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The events which brought the applicant to be in immigration detention at Gauze House on 11 September 2019 are as follows. On 29 March 2012, the applicant entered the United Kingdom, in possession of a visitor visa valid until 29 September 2012. The applicant subsequently overstayed and worked in breach of his conditions. On 26 June 2015, the applicant was encountered after he had been arrested for shoplifting. Having been served with papers as an overstayer, the applicant was granted temporary admission on reporting conditions. The applicant failed to comply with those conditions. A visit by the respondent’s officers on 4 January 2016 to the applicant’s address failed to find him.
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On 12 June 2018, the applicant attended the respondent’s Asylum Support Unit and claimed asylum. He then absconded from the supported initial accommodation provided to him by the respondent. On 26 July 2018, the applicant’s asylum claim was treated as withdrawn.
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On 6 August 2019, police encountered the applicant loitering without a valid ticket in Birmingham New Street Station. He was detained as an immigration absconder and detention was authorised with a view to his removal.
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On 26 August 2019, the applicant made further representations, which were rejected on 6 September 2019. On that day, removal directions were set for 17 September 2019. This was the date of a charter flight to Nigeria, organised by the respondent.
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On 13 September 2019, a text message was prepared (but not ever sent) by the service suppliers to detainees stating “Hello, notices to detainees following the recent passing of a detainee will be issued out this evening providing an update on all the information C & C have”. According to the witness statements of Terrence Gibbs, Service Delivery Manager for the Heathrow Immigration Removal Centres, following OO’s death the staff of the respondent’s service supplier at Harmondsworth prepared and distributed a notice to detainees “to ensure that support was offered to those individuals affected and that all detainees were made aware of the investigation taking place into [OO’s death]”. The notice was delivered to each detainee’s bedroom at both the Harmondsworth and Colnbrook sites. It read as follows:
“You may be aware that unfortunately there was a death of a detainee at the Harmondsworth site earlier today.
This is clearly very sad and tragic event. If you or a fellow detainee require any support regarding this issue, please do not hesitate to contact any member of staff. [PW] of our Religious Affairs team will also be providing additional pastoral support during this time.
This matter is now being independently investigated by the Prison and probation Ombudsman and Care & custody are also conducting an internal investigation.
Please be assured we are doing all we can to reduce the risk of such incidents happening again in the future. If you are concerned about a fellow detainee or indeed just want to speak to someone about your own concerns, please raise this with a member of staff immediately.
[PR]
Centre Manager”
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Also on 13 September 2019, an emergency Detainee Consultative...
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